0 penilaian0% menganggap dokumen ini bermanfaat (0 suara)
745 tayangan1 halaman
This case discusses the validity of a pharmaceutical company's policy prohibiting employees from marrying employees of competitor companies due to conflicts of interest. The company, Glaxo, transferred an employee, Pedro Tecson, to a new region after he married an employee of a competitor, Astra. Glaxo argued the policy was valid to protect its trade secrets and business strategies. The court ruled in favor of Glaxo, finding the policy a reasonable exercise of management rights to protect the company's economic interests against gaining access by competitors. While laws aim to protect workers, management also has valid rights that deserve enforcement in matters of business protection and fair play.
This case discusses the validity of a pharmaceutical company's policy prohibiting employees from marrying employees of competitor companies due to conflicts of interest. The company, Glaxo, transferred an employee, Pedro Tecson, to a new region after he married an employee of a competitor, Astra. Glaxo argued the policy was valid to protect its trade secrets and business strategies. The court ruled in favor of Glaxo, finding the policy a reasonable exercise of management rights to protect the company's economic interests against gaining access by competitors. While laws aim to protect workers, management also has valid rights that deserve enforcement in matters of business protection and fair play.
This case discusses the validity of a pharmaceutical company's policy prohibiting employees from marrying employees of competitor companies due to conflicts of interest. The company, Glaxo, transferred an employee, Pedro Tecson, to a new region after he married an employee of a competitor, Astra. Glaxo argued the policy was valid to protect its trade secrets and business strategies. The court ruled in favor of Glaxo, finding the policy a reasonable exercise of management rights to protect the company's economic interests against gaining access by competitors. While laws aim to protect workers, management also has valid rights that deserve enforcement in matters of business protection and fair play.
Duncan Association of Detailman-PTGWO vs. Glaxo Phils.
[G.R. No.162994. September 17, 2004]
Facts: Pedro A. Tecson was hired by Glaxo Wellcome Philippines, Inc.) as medical representative on October 1995, after Tecson had undergone training and orientation. Tecson signed a contract of employment which stipulates, among others, that he agrees to study and abide by existing company rules; to disclose to management any existing or future relationship by consanguinity or affinity with co-employees or employees of competing drug companies. The Employee Code of Conduct of Glaxo similarly provides that if management perceives a conflict of interest or a potential conflict between such relationship and the employees employment with the company, the management and the employee will explore the possibility of a transfer to another department in a non-counterchecking position or preparation for employment outside the company after six months. Tecson was initially assigned to market Glaxos products in the Camarines Sur-Camarines Norte sales area. Subsequently, Tecson entered into a romantic relationship with Bettsy, an employee of Astra Pharmaceuticals (Astra), a competitor of Glaxo. Bettsy was Astras Branch Coordinator in Albay. Despite of warnings, Tecson married Bettsy. The superiors of Tecson reminded him of the company policy and suggested that either him or Bettsy shall resign from their respective companies. Tecson requested more time to resolve the issue. In November of 1999, Glaxo transferred Tecson to Mindanao area involving the provinces of Butuan, Surigao and Agusan del Sur. Tecson did not agree to the reassignment and referred this matter to the grievance committee. It was resolved and was submitted to voluntary arbitration. Issue: Is the policy of a pharmaceutical company prohibiting its employees from marrying employees of any competitor company valid? Ruling: Glaxos policy prohibiting an employee from having a relationship with an employee of a competitor company is a valid exercise of management prerogative. Glaxo has a right to guard its trade secrets, manufacturing formulas, marketing strategies and other confidential programs and information from competitors, especially so that it and Astra are rival companies in the highly competitive pharmaceutical industry. The prohibition against personal or marital relationships with employees of competitor companies upon Glaxos employees is reasonable under the circumstances because relationships of that nature might compromise the interests of the company. In laying down the assailed company policy, Glaxo only aims to protect its interests against the possibility that a competitor company will gain access to its secrets and procedures. That Glaxo possesses the right to protect its economic interests cannot be denied. No less than the Constitution recognizes the right of enterprises to adopt and enforce such a policy to protect its right to reasonable returns on investments and to expansion and growth.
Indeed, while our laws endeavor to give life to the constitutional policy on social justice and the protection of labor, it does not mean that every labor dispute will be decided in favor of the workers. The law also recognizes that management has rights which are also entitled to respect and enforcement in the interest of fair play.
Summary: Who Moved My Cheese?: An A-Mazing Way to Deal with Change in Your Work and in Your Life by Spencer Johnson M.D. and Kenneth Blanchard: Key Takeaways, Summary & Analysis
HBR's 10 Must Reads 2023: The Definitive Management Ideas of the Year from Harvard Business Review (with bonus article "Persuading the Unpersuadable" By Adam Grant)